I have sympathy for people who lose political contests. I know what it’s like to be on the losing end—it hurts—so on those occasions in which my side wins, I don’t much feel like grinding down ordinary folk on the losing side. (Leaders and sundy celebri-pols are another matter. . . .)
But on the DOMA case, my reaction is pretty much We won you lost; good! (And to the leaders and sundry celebri-pols rending their garments over the decision, my reaction is: We won, you lost, fuck you.)
The winning or losing of elections is not in and of itself a matter of justice: it’s a sorting mechanism for governance which can may lead to (un)just legislation, but any justice is located in the fairness of the contest itself, not the outcome. If you lose, it sucks, but it’s not unfair; as such graciousness is called for.
And if you win, that’s great, but it’s not a triumph of justice; as such, graciousness is called for.
But some laws are unfair, and as such, graciousness doesn’t apply. The Defense of Marriage Act was manifestly unfair, preventing same-sex couples full coverage under the law and thus equal protection of those same laws. DOMA actively disfavored a minority of citizens just because a majority thought they were icky.
(Yes, I know SSM opponents say that’s not at all the case, but I don’t believe it.)
DOMA was unjust. Those who supported it supported injustice. Whatever else they think DOMA stood for, it stood for injustice.
Thus, my ungracious response to DOMA defenders: You lost. You deserved to lose. And you deserve no sympathy for the loss.
http://www.thestory.org/stories/2013-06/one-goes-out-kate